Next Level Files Counterclaim Against Vapor Maker
Credit: Aleksandar Radovanov
On June 14, Next Level Ventures, a Seattle-based marijuana vape maker, filed a counterclaim in federal court in California. The company claims that Shenzhen Smoore Technology Co. has been engaging in a “years-long battle to unlawfully restrain competition in the closed cannabis vaporizer market” based on false patent claims.
Smoore, which markets vape devices under its CCell brand, has not yet responded to the claim, according to court records.
In its counterclaim, Next Level pointed out that vaporizer technology claimed by Smoore was “displayed and offered for sale” as early as the 2016 Marijuana Business Conference & Expo (the predecessor to MJBiz’s MJBizCon), according to media reports.
That happened before Smoore filed for patent protection.
At least one patent Smoore is using to pursue claims was “fraudulently obtained,” Next Level alleges.
According to Next Level’s counterclaim, Smoore’s complaint to the ITC was motivated by flagging sales.
Smoore’s market share for products sold under the CCell brand fell from 80% of the market “to approximately 50-60%” by 2022, Next Level’s counterclaim alleges.
